Camp Lejeune Lawsuit Settlement

Over a million people serving in the US military began their careers at Camp Lejeune in Jacksonville, North Carolina. This 246 square mile US Marine Corps Base camp, active since 1941, sitting on 14 miles of beaches between two deep water ports of Wilmington and Morehead City, makes it a perfect training facility for amphibious assault training. In addition, the base, with a population of over 100,000 service personnel, their families, and civilians, supports the Naval command and US Coast Guard.

The Story Behind Water Contamination at Camp Lejeune

Since the establishment of the base, millions of soldiers and their families have been stationed at Camp Lejeune, whereas “GIs,” all their needs were met by the Department of Defense, including the food and water they ingested and bathed. Unknown to them, between 1953 and 1987, hundreds of thousands and perhaps millions of innocent people were exposed to toxic chemicals known to be carcinogens harmful to the nervous system.

In October of 1980, Army Laboratory Service Chief William Neal analyzed water testing results on samples taken from one of the Camp’s water distribution systems. Chief Neal found that “Water is highly contaminated with low molecular weight halogenated hydrocarbons” and informed Marine leadership of the results.

As testing continued and results were released, it was discovered that certain volatile organic compounds (VOCs) were present in two of the eight water treatment plants on the base. One of the plants mostly presented PCE (perchloroethylene), while the other showed TCE (trichloroethylene). In addition, they contained trace amounts of benzene, TCE degradation products, and vinyl chloride. As a result, it is estimated by some studies that the Camp’s tap water was contaminated with harmful chemicals at concentrations from 240 to 3,400 levels permitted by safety standards.

The two major causes that contaminated the water supply were on-base industrial spills and improper disposal practices by an off-base dry cleaner. Consumption of these dangerous chemicals has been causally linked to several forms of cancer, cardiac defects, significant malformations, miscarriage, neurological effects, Parkinson’s disease, and many more.

Negligence From The Military At Camp Lejeune Base

Despite learning about the water toxins from Neal’s 1980 study, the Marine leadership would allow the contaminated drinking water to flow for several more years, only closing the contaminated wells in 1985. As a result, the aftereffects continued, and several potentially fatal illnesses have been directly associated with exposure to dirty water.

Since the public disclosure of the Camp’s improper sanitation practices, a retired veteran, Jerry Ensminger, founded an organization titled “the Few, the Proud, and the Forgotten.” The organization lobbied Congress and Veterans Affairs to ensure that the affected people received proper compensation and healthcare support. Unfortunately, Jerry Ensminger tragically lost his 6-year-old daughter, Janey, to leukemia caused by exposure to the Camp’s water.

Accepting responsibility for the past actions of the military, in 2012, President Barack Obama signed the “Janey Ensminger Act” with Ensminger standing at his side. Under the Act, any individual who served or worked at the base for over 30 days between 1953 and 1987 will be able to receive medical care and compensation for conditions caused by the water contamination. Camp Lejeune water contamination settlement amounts are estimated at $6.7 billion. This is only 1% of the total cost of the bill.

Symptoms of Camp Lejeune Water Contamination

A complete list of suspected possible conditions is listed below:

• Bladder Cancer
• Breast Cancer
• Esophageal Cancer
• Kidney Cancer
• Leukemia
• Liver Cancer
• Lung Cancer
• Multiple Myeloma
• Non-Hodgkin’s Lymphoma
• Prostate Cancer
• Colorectal Cancer
• Pancreatic Cancer
• Cervical Cancer
• Ovarian Cancer
• Brain Cancer
• Soft Tissue Cancer
• Appendix Cancer
• Gallbladder Cancer
• Thyroid Cancer
• Intestinal Cancer
• Bile Duct Cancer
• Spinal Cancer
• Cardiac Defect
• Fatty Liver Disease (Hepatic Steatosis)
• Female Infertility
• Miscarriage / Fetal Death
• Myelodysplastic Syndrome
• Neurobehavioral Effects
• Parkinson’s Disease
• Renal Toxicity
• Scleroderma
• Aplastic Anemia
• Major Fetal Malformations

Contact Us to File Your Camp Lejeune Water Contamination Lawsuit

Attorneys at Davis, Saperstein & Salomon, P.C. have extensive experience handling mass tort claims suing drug manufacturers and tobacco companies for injuries caused by their products. For nearly four decades, their experienced lawyers have collaborated with other mass tort counsel and expert witnesses throughout America to bring justice to mass tort victims. 

People stationed or spent 30 days or more at Camp Lejeune between 1952 and 1987 and have suffered or are suffering from an illness as listed above may be entitled to compensation. Mass tort cases such as the Camp Lejeune water contamination cases are handled on a contingent fee basis as a settlement percentage. 

There are no lawyers’ fees unless a settlement is won and paid. To find out more about filing a claim, contact our mass tort attorneys for a free no-obligation consultation at 1-800-LAW-2000 or info@dsslaw.com

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Statistics About Car Accidents with Pedestrian

Second to car-to-car collisions, innocent people crossing streets are being struck every day by careless drivers, causing severe and life-threatening injuries. Too often, these accident victims are innocent children or the elderly.
Often, for some reason, the official police report blames the pedestrian for the collision between the person and vehicle. The good news is that in states like New Jersey, the official police report is not admissible as proof of negligence because it is merely the opinion of the investigating officer and is considered hearsay.

Most of the Time, It Was Not the Pedestrian’s Fault….It Was the Driver’s Inattention!

Driver inattention to observing and yielding to pedestrians is the number one reason most pedestrian injury cases win settlements or jury verdicts. Unfortunately, these cases are on the rise.  

So far, researchers have not found a specific cause for the increase in pedestrian injuries or fatalities. However, they have suggested outright negligence may be to blame, mainly due to the pandemic, including the following:

• Speeding — Drivers who speed have a harder time seeing pedestrians in their path and stopping in time to avoid them. The force of a crash is more devastating the faster the vehicle in question is traveling. Without the protection of a car, pedestrians are especially at risk in a traffic accident.
• Reckless driving — There seems to have been a surge in reckless driving behavior across the country during the COVID-19 pandemic. One survey of driver behavior during the pandemic found that drivers were over seven percent more likely to speed or drive while impaired, significantly increasing the odds of causing an accident.
• Fewer police stops — The COVID-19 pandemic has strained many institutions, including law enforcement agencies. Police may be making fewer stops due to a lack of resources or prioritizing other activities.

Some of the other common causes of pedestrian injuries are :

• Cell phone distraction
• Texting while driving
• Improper observation by failing to see pedestrians
• Failure to yield to people, including children and the elderly crossing roadways
• Collisions with bicycles
• Negligent drivers running red lights and hitting pedestrians
• Cutting corners too close while making turns
• Injuries from car and truck mirrors
• Sun glare, fog, and extreme weather, including rain
• Impaired driving due to alcohol, cannabis, or prescription drugs
• Children’sChildren’s kick balls rolling into streets and intersections
• Cars passing other cars stopped to yield to pedestrians cross
• Cars and trucks skidding or sliding on ice or snow
• Faded or improperly marked crosswalks
• Not seeing and observing pedestrians and children while backing up
• Corner creeping by busses and 18-wheeler tractor trailer trucks
• Rideshare drivers such as taxis, Uber and Lyft lost or looking for their customers 
• Pedestrians struck by motorcycles, mopeds, scooters, and electric bicycles
• And yes, sometimes the actions of the pedestrian 

How Is It That Police Reports Often Blame the Pedestrian?

There are several reasons. The law clearly states that pedestrians crossing a crosswalk have the right of way; all vehicles, including trucks, cars, busses, and even police cars and ambulances, must yield the right of way to pedestrians.

But, in most other circumstances, the police blamed the pedestrian. People crossing in the middle of a street still have a right to sue a negligent driver and win a settlement for their injuries. Personal injury lawyers call these cases “mid-block crossing” cases. In a mid-block crossing case, a skilled personal injury lawyer understands that they must show that the driver was negligent in failing to observe the pedestrian.

The police often report the facts wrong. For example, pedestrian accident victims too often are unconscious or too injured to give a statement. In addition, many accident victims do not speak English and are not understood by the police officer. The police allow EMTs to attend to the crash victim while they interview the driver, who often blames the pedestrian as ” coming out of nowhere” or either running into the side of the car or wearing dark clothing. Often these frivolous defenses are bogus and offered by the negligent driver who can not accept that they struck a pedestrian.

Unfortunately, sometimes pedestrians are caused to lose their lives and are unavailable to testify as to the facts and circumstances leading to their death. As a result, injury lawyers experienced in handling wrongful death cases often hire the services of accident reconstruction experts. Although county prosecutors immediately dispatch their county fatal accident investigation teams to the crash scene, their function is to determine whether criminal charges are appropriate. As a result, their official report normally takes many months to complete and is usually not released without a court order pending a potential indictment of the negligent driver.

Starting the investigation early is key to preserving valuable evidence. Experienced injury lawyers, especially firms with attorneys certified by the Supreme Court of New Jersey, have the experience, skill, and resources to hire and dispatch their accident reconstruction investigators to the accident scene, which will serve as expert witnesses putting the blame where it belongs….on the negligent driver.

Recent Increase in Pedestrian Accident Fatalities in New Jersey

The number of fatal pedestrian accidents in New Jersey soared in 2021. Unfortunately, safety advocates are worried about the trend. Drivers and others must do more to keep pedestrians safe in New Jersey.

New Jersey Pedestrian Accident Statistics

According to the New Jersey State Police (NJSP), there were 176 pedestrian deaths in 2019 and 179 fatalities in 2020. However, the number of pedestrian deaths jumped significantly in 2021 to 220 fatalities. That’sThat’s a roughly 23 percent increase in a single year.

This increase in pedestrian fatalities in New Jersey reflects a growing problem across the United States. Early data from the Governors Highway Safety Association (GHSA) projects that pedestrian deaths nationwide rose from 6,412 in 2019 to over 6,700 fatalities in 2020. This is an increase of almost five percent, despite fewer drivers on the road in 2020 due to the COVID-19 pandemic.

What Injuries are Suffered by Pedestrians?

Unfortunately, pedestrians have very little protection when a car, truck, or bus strikes. Tons of metal against soft tissue and bone usually cause lacerations, fractures, road rash, and neck, back, and spinal injuries. In addition, pedestrians struck directly by a front bumper may suffer a closed head injury as they are thrown into the vehicle’s windshield. Other severe injuries to pedestrians include paralysis, quadriplegia, amputation, and death.  

One such pedestrian accident victim is Steven Benvenisti, a partner in New Jersey’s injury law firm Davis, Saperstein & Salomon, PC, who, as a college student during spring break, was struck by a drunk driver. Benvenisti was in a coma for ten days, with bilateral open leg fractures and a traumatic brain injury. Lucky for him, he fully recovered from his injuries and went to law school, studying injury law and becoming an advocate for personal injury victims. His advocacy led him to become co-chairman of Mothers Against Drunk Driving (MADD) and president of the Brain Injury Association of New Jersey. He also wrote an inspirational book entitled “Spring Break,” which recounts his life story and road to recovery.  

What Is Being Done to Protect New Jersey Pedestrians?

State officials and other safety advocates are trying several solutions to help keep pedestrians safe. GHSA’sGHSA’s Senior Director of External Engagement, Pam Fischer, said one way to prevent pedestrian deaths is to build new infrastructure that better separates pedestrians from vehicle traffic. However, these infrastructure projects take time to complete and may not be an immediate solution.

Regarding existing options, Fischer said another way to protect pedestrians is to increase enforcement of speeding violations with traffic cameras. Fischer also suggested lowering speed limits in urban areas and residential neighborhoods because these areas tend to have more pedestrians.

Contact a New Jersey Pedestrian Accident Attorney Today

Were you struck by a motor vehicle? You may be entitled to compensation for your pain and suffering, medical expenses, disfigurement, missed time at work, and emotional distress. But filing a personal injury claim on your own can be difficult, especially when you should be recovering from your injuries. The best legal advice for accident victims is to hire an experienced and skilled personal injury lawyer as early as possible. They will only get paid if they win.

Injury Steven Benvenisti’Benvenisti’ s book, Spring Break, and his law partner, injury lawyer Garry Salomon’sSalomon’s book, The Consumer’sConsumer’s Guide to New Jersey Personal Injury Claims, are available for free to accident victims by calling 1-800-LAW-2000. Both Benvenisti and Salomon are certified by the Supreme Court of New Jersey as civil trial attorneys. Both are available for recommendations and advice throughout the US. 

Contact Davis, Saperstein & Salomon, P.C. today for a free consultation to learn how our New Jersey pedestrian accident lawyers can help.

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TWO WOMEN KILLED IN CHAIN-REACTION CRASH ON I-95 IN TEANECK

On July 13, 2022, a fatal chain-reaction crash occurred on Route I-95 in Teaneck, NJ. Two women from the Bronx, NY lost their lives when a truck pulling a utility trailer rear-ended their vehicle just after midnight near the DeGraw Ave. overpass. A third vehicle then collided with the truck, and all three vehicles hit the concrete median.

When first responders arrived, they found the two women entrapped in the back seat of a Subaru. The Teaneck Volunteer Ambulance Corps, as well as officers from the Teaneck Police Department, worked to extricate the women. The front seat passenger of the Subaru was taken to Hackensack University Medical Center in Hackensack, NJ with serious injuries. Our thoughts are with the family and friends of these two women who were tragically taken too soon.

Our Process For Investigating Complex Motor Vehicle Accidents

Unfortunately, this is not the first fatal accident that has occurred along I-95 in Teaneck. In June 2020, a young woman was killed in a hit and run after being struck by a tractor-trailer. In 2019, a truck driver was killed after a tractor-trailer slammed into his box truck. Several years prior, another tractor-trailer caused the untimely death of multiple people. Davis, Saperstein & Salomon, P.C. Founding Partner Marc C. Saperstein, Esq. and his team of experienced attorneys represented one of the families who lost several members in the tragic accident. Marc and his team have handled some of the most complicated trucking matters and have years of experience investigating these complex accidents. “We immediately hire an accident reconstructionist, and we hire an investigator, and I personally go to the scene where the accident took place,” Marc says. Going to the scene of the accident is important because,
“by viewing the scene, you can actually see in nonconceptual terms what the area looks like, if there is a debris field, if there are security cameras in the area. Our investigators will scour the area for any witnesses, talk to the investigating police officers,” says Marc. After a lengthy and thorough investigation, Marc and his team determined that the truck driver was inattentive, and a load shift was the ultimate cause of the accident. With the information they obtained in the investigation, they were able to hold all entities accountable for the devastating deaths.

Where Do Many Vehicle Accidents And Fatalities Occur in Teaneck, NJ?

There are many highways that run through Teaneck, NJ, and its surrounding towns in Bergen County. I-95, Route 80, and Route 4 are essential trucking routes, and unfortunately, many vehicle accidents and fatalities occur. Along with passenger vehicles, tractor-trailers, 18-wheelers transporting cargo, garbage trucks and large construction vehicles travel daily on these highways, and when an accident occurs involving the two, it can be catastrophic.

According to statistics, traffic deaths in New Jersey increased in 2021 and reached a 16-year high nationally. Data projects that highway traffic deaths in 2021 will increase 12% over 2020. There are many leading factors that cause road fatalities, including distraction, speeding, and impairment due to alcohol, drugs, illness, and exhaustion.

What Can Be Included As Part Of A Wrongful Death Claim?

Though nothing can ever replace the memory of a loved one, some individuals find a sense of peace and justice in filing a wrongful death claim against the negligent parties responsible for their unimaginable pain. There are several parts of the claim that deal with the individual’s loss, including pain and suffering that they endured up until the moment of death. Whether the person suffered for seconds, hours, or months, it is included in part of the claim. The second part of a wrongful death claim deals with the amount of money that was lost by the surviving family members. For example, if the person who died was supporting a family, they have a claim as part of their economic losses.

The Teaneck personal injury attorneys at Davis, Saperstein & Salomon, P.C. have decades of experience handling devastating trucking and automobile accidents. Those involving large commercial trucks and trailers are much more challenging to resolve than other types of automobile crashes. Our attorneys understand the investigation process that usually follows a crash of this magnitude. When handling a wrongful death claim, we learn about the person’s qualities and interests by interviewing their family and friends so we can understand and prove the crushing loss suffered to the family.

Contact the Truck Accident Lawyers at Davis, Saperstein & Salomon To Represent You

We understand just how complicated and overwhelming a wrongful death claim is, and our truck accident lawyers, many of whom are Certified by the Supreme Court of New Jersey as Civil Trial Attorneys, will persistently seek justice on behalf of our clients and their families. Call us now at 201-444-4444.

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Are We Getting Too Comfortable With The Latest Driving Technology?

Older drivers will remember being taught to look at the rearview mirrors and glance over their shoulder to check blind spots before backing a car. Younger drivers today may be taught the same safety practices, but they may be driving vehicles with backup cameras to show what is behind the car and sensors to detect vehicles in blind spots. Who do you think is likely to be the safer driver?

As audiovisual technology increases in motor vehicles, we think our caution should, too. It’s a massive leap from the view through a windshield to the view provided by a screen connected to a camera lens. The backup camera is a safety feature designed to prevent back-over car accidents. Backup cameras have been available in many models since 2003 and are required in cars manufactured since 2018, indicating where technology is headed. But some studies find backup cameras are not as safe as you think.

With the increase in technological capabilities and the requirement for rearview cameras in vehicles, we expect several new studies on backup camera safety to update prior studies by such respected groups as the Insurance Institute for Highway Safety (IIHS) and Consumer Reports (CR).

What Do Rearview Driving Cameras Show the Driver?

Backup cameras provide drivers an image of the area behind their vehicle when it is in reverse gear. A rearview video system (RVS) is to help prevent back-over accidents, in which a vehicle backs, knocks down, and runs over a pedestrian. 

The IIHS says about 267 people are killed and 15,000 injured each year by drivers who back into them, usually in driveways or parking lots. Many back-over accidents involve small children who are not tall enough to be seen in a rearview mirror.

The National Highway Traffic Safety Administration (NHTSA) estimates that 58 to 69 lives will be saved each year once every passenger vehicle is equipped with a rear visibility system. The NHTSA also expects rearview cameras to reduce crashes that result only in property damage. 

When drivers shift to reverse, the camera displays an image of the area behind the vehicle, either on the dashboard or the rearview mirror. The field of view includes a 10-foot by 20-foot zone directly behind the car.

In a 2016 study, IIHS found that, on average, backup cameras cut back-over crashes by 16 percent. But, again, drivers ages 70 and older, who may have difficulty turning their heads, appeared to benefit the most.

However, vehicle owners’ manuals and safety organizations caution that rearview video systems are not a replacement for mirrors or turning around to look. Instead, they are an added safety tool for revealing hidden dangers. We also know that young adults have been conditioned to rely on video screens. We can only hope that when drivers of any age put their car in reverse, they look around them instead of just down at the safety video.

Even With Driving Cameras, Backing Requires Eyes on the Road

Most backup cameras provide only an 80-degree field of vision behind the vehicle. That leaves 280 degrees of who-knows-what happening around the car if a driver only checks the backup camera before backing.

“These driver assistant tools shouldn’t replace your skills or your attentiveness to what’s going on around the car,” Jennifer Stockburger, who tests the rearview visibility of cars for Consumer Reports, told CBS2 in New York.

The Drivers Ed website recommends:

● Do not depend on mirrors alone when backing up, so you don’t lose depth perception when using the mirrors to guide the vehicle while backing.

● Turn your head and body to the right until you can see through the back window. To improve balance, drop your arm over the back of the seat.

● Always go slowly, observing in all directions.

The New York State Driver’s Manual, addressing parallel parking, says:

“Some vehicles have additional safety equipment (such as backup cameras and range-detecting sensors) to help the driver back up safely. Some vehicles can even park themselves (in certain conditions). Although these can be useful features, you need to be alert and check the area behind your vehicle before you back up. YOU – as the driver – are ultimately responsible for the safe operation of your vehicle.”

Should We Eliminate Driving Assistant Technology In Vehicles To Avoid Accidents?

While driver assistance technology should not replace driver attention and alertness, it is considered helpful.

Consumer Reports said in November 2017, “New high-tech safety features are helping drivers who have lapses in attention.

 These features warn you or intervene to head off potentially dangerous situations.” The report then cited forward-collision warning, automatic emergency braking, lane-departure warning, lane-keep assist systems, and several driver assistance apps.

NHTSA says, “Driver assistance technologies keep drivers and passengers safe and other drivers and pedestrians safe.” The federal agency adds that it is “working alongside industry partners and safety advocates to ensure vehicle buyers have the latest information regarding safety equipment.”

The National Safety Council (NSC) says that while hundreds of millions of cars are equipped with safety technologies, even the most advanced safety features cannot replace a safe, focused driver at the wheel of a car.

The NSC and the University of Iowa Public Policy Center have established MyCarDoesWhat.org, which uses videos, graphics, animation, social media, and other resources to educate the public on the ever-changing world of car safety features. The NSC says that the campaign provides quick and easy-to-use information for any driver, no matter what kind of car they have or how old it is.

Contact Our Car Accident Attorneys If You Were Injured

There is no stopping progress, as they say. But we can’t turn our lives over to technology either. Safe driving technology still requires a secure, alert driver at the wheel. While we cannot control the actions of other drivers or prevent them from making driving errors, we each can choose to drive defensively and recognize dangerous situations before they develop into an accident.

The attorneys at Davis, Saperstein & Salomon, P.C. understand the disruption a car accident involving severe injuries can cause. If you were injured by another motorist’s careless driving or in New Jersey or New York City, our highly regarded attorneys could fight hard to help you recover. If you or someone you love has been seriously injured in a car accident, contact an injury attorney at 1-800-LAW-2000 for a free case review.

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5 Signs That You Should Get a Lawyer After a Car Accident

Victims dealing with injuries and losses resulting from a car accident can feel overwhelmed and unsure of their next legal steps. If you suffered injuries in a car accident, it can be very upsetting and frustrating – especially when the car accident was not your fault.

If you are dealing with serious medical bills, lost wages, property damage and pain and suffering as a result of the accident, you may wonder how you can receive compensation for your injuries and losses. You may be wondering: “Should I get a lawyer after an accident?”

The experienced car accident lawyers at Davis, Saperstein & Salomon, P.C. can answer your questions and help you understand your legal rights. Contact us now for a free, no-obligation consultation to help you make choices regarding your next steps.

Do I Need a Lawyer After a Car Accident?

Many victims of car accidents wonder if they should consider hiring a lawyer to represent them against an insurance company in order to obtain a fair settlement or in court.

Making the decision to hire an attorney is one that should be based on the facts and circumstances of your own case and your unique situation. However, the following are five signs that signal you may want to consult with a car accident lawyer to learn about your rights and options.

1. The Car Accident Caused Serious Injury or Death

If you suffered injuries that required medical attention as a result of a car accident, a lawyer may be able to help you get the money needed for medical care, physical therapy, equipment (such as a wheelchair), or even home renovations to accommodate your injuries.

Many injuries caused by car accidents require long-term care and can result in expenses for many years. A personal injury lawyer can help you determine what your injuries may be worth and explain how you can pursue compensation. If your loved one died as a result of a car accident, a car accident lawyer at Davis, Saperstein & Salomon, P.C. can explain your options regarding how to proceed with a potential wrongful death claim.

2. The Other Driver Is Uninsured

Normally, the car insurance company that covered the negligent driver will compensate a victim for medical expenses, lost wages, pain and suffering, and car repairs. However, if the other driver does not have auto insurance, or does not have enough insurance coverage, then it can be even more challenging to receive the compensation you deserve.

If the negligent driver is uninsured or underinsured, you may want to seriously consider when to get a car accident lawyer involved to help you answer questions regarding your case. A personal injury lawyer can help you deal with the other insurance company or with the at-fault driver to pursue the compensation you deserve. Your attorney can also help you pursue compensation from “your” auto insurer through uninsured motorist (UM) or underinsured motorist (UIM) coverage on your policy.

3. The Insurance Company Is Giving You Trouble

Some insurance companies use manipulative tactics in order to try to reduce the amount of compensation they provide to victims as a result of car accidents. If you are considering when to get a lawyer involved after your car accident, it may happen when you find that the insurance company refuses to provide you with a full and fair settlement for your injuries and losses. An experienced car accident lawyer who is familiar with the personal injury laws of New Jersey can negotiate with your insurance company and with the other driver’s insurance company.

Consider the following questions in order to better determine the answer to your questions, “Should I get a lawyer after an accident?”

Is the Other Driver’s Insurance Company Causing Trouble?

The other driver’s insurance company may be trying to take advantage of you through the use of deceptive tactics if:

• They request your entire medical history.
• They require you to get a medical exam with a doctor of their choosing.
• They try to get you to admit the accident was your fault or partly your fault.
• They attempt to contact you while you are still in the hospital.
• They attempt to record the conversation without your permission.
• They attempt to send a check hoping you will cash it unknowingly closing the entire case.

Is Your Insurance Company Causing Trouble?

If your own insurance company is engaging in any of the following actions, they may be trying to settle your claim for less than you deserve:

• Failing to return your phone calls or emails
• Failing to discuss your case with you
• Encouraging you to take a settlement offer that does not fairly compensate you
• Telling you they cannot obtain a higher payment from the other insurance company

In any of these scenarios, the car accident lawyers at Davis, Saperstein & Salomon, P.C. can communicate directly with the insurance companies to help you protect your rights and help you pursue the compensation you deserve under the law.

4. You Are Missing Work Without Compensation

In addition to medical bills for injuries, you may miss work as a result of the injuries you received in your car accident. If you remain unable to return to work, you may have the legal right to compensation for your lost wages, future loss of wages, pension or employee benefit contributions, missed promotions, vacation and sick days used, and more. Additionally, you may be entitled to compensation for lost wages because you could not work at all, or because you could not perform some of your work duties or work your full regular schedule.

An experienced car accident lawyer can help you understand all of the different types of compensation you may have a legal right to receive with respect to your inability to return to work following your car accident.

5. The Driver’s Insurance Company Offered You a Low Settlement

Insurance companies may try to settle with you very quickly for less compensation than you deserve under the law. These lower compensation amounts are not only unjust but also fail to cover your medical expenses, lost wages, property damage, and non-economic losses such as pain and suffering.

Insurance companies oftentimes take advantage of victims of car accidents and attempt to accept settlement offers that do not fully compensate them for their injuries and losses. If you feel that the insurance company failed to offer you an appropriate settlement amount, consider visiting with an experienced car accident attorney to help you better understand your legal rights and help you calculate the compensation you may have a right to pursue.

Contact a New Jersey Auto Accident Lawyer Today

The decision to hire a personal injury attorney after a car accident is a personal one. However, an experienced New Jersey car accident lawyer can explain why there are certain circumstances that may prove more challenging to victims of car accidents and can help victims understand their legal rights.

When deciding if you should get a lawyer after a car accident, remember that a car accident attorney can conduct a complete investigation of the accident, contact witnesses from the scene of the accident, potentially hire expert witnesses to testify on your behalf, calculate the compensation you may have a legal right to receive, negotiate with insurance companies on your behalf and file a claim in court if a lawsuit proves to be the necessary course of action.

If you are unsure why you should get an attorney for your car accident case, schedule a free, no-obligation consultation with the compassionate and experienced lawyers at Davis, Saperstein & Salomon, P.C.

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What Are New Jersey’s Laws Regarding Elder Abuse?

Elder abuse in nursing homes, home aid agencies, and hospitals are more common than you might realize, and it can include physical, emotional, or sexual abuse, as well as neglect and financial exploitation.

According to the World Health Organization, 1 in 6 people over age 60 were victims of abuse during one recent year.

Fortunately, New Jersey law provides specific protections for older adults to protect them from abuse, neglect, and financial exploitation. If you suspect that your loved one is being mistreated, you should know how to identify the signs of abuse and should be aware of their rights and your rights as a family member.

You should also know that legal help is available for victims of elder abuse in New Jersey. Contact the elder abuse attorneys at Davis, Saperstein & Salomon now for a free consultation about your legal options.

Types of Elder Abuse Covered Under New Jersey Law

The following types of abuse are illegal under New Jersey’s Adult Protective Services Act found in N.J.S.A. 52:27D-406 to 426:

• Physical abuse
• Neglect
• The exploitation of financial resources
• Emotional abuse
• Sexual abuse

Each county in New Jersey has an Adult Protective Services (APS) program to help investigate reports of abuse of vulnerable individuals.

Elder Law & Elder Abuse in New Jersey

The Adult Protective Services Act became law in New Jersey in 1994. It was amended in 2010 to require that law enforcement and many types of health care professionals report any suspected abuse of vulnerable individuals to the county APS office.

This law does not apply to individuals who live in an institutional facility, such as a nursing home. There is a separate law, the Mandatory Adult Abuse and Exploitation Reporting Law found in N.J.S.A. 52:27G that applies to adults over age 60 who live in an institutional facility.

Many families choose to care for their elderly relatives in their own home or that of the elderly individual. While this has many benefits to both the individual as well as the caregiver, it also creates some risk factors for abuse.

Being a caregiver is very stressful, and as the elder’s condition worsens, the caregiver may struggle with their own mental health, leading them to begin neglecting care duties or start reacting to the elder angrily or with physical force.

Since it is often a close family member who is the abuser, friends, and neighbors may assume that the elderly individual is well cared for. Often, abusive caregivers isolate the elderly person they care for so that no one discovers the abuse that is occurring. If the elder realizes that they are being abused, they may be unwilling to report it for fear of retaliation or getting their family member in trouble.

Fortunately, there are several ways to prevent elder abuse:

• Caregivers should seek support from other family members, friends, or support groups to prevent burnout.
• Caregivers should take care of themselves by reducing stress and receiving treatment for conditions such as depression and substance abuse if applicable.
• Friends or other relatives should visit or call the elder often to show their support.
• With the elder’s permission, check their financial records for evidence of unauthorized transactions or other suspicious activity.

If you suspect that elder abuse is occurring, it may be too late to totally prevent it. However, by reporting it to the authorities, you can prevent it from getting worse.

What Are the Signs of Elder Abuse?

There are many signs to look out for that may indicate an elderly person is being abused. These could include:

• Signs of physical abuse
  • Bruises, broken bones
  • Broken eyeglasses
  • Rope marks on wrists, ankles, arms, or legs
  • A caregiver refusing to let you visit or remaining present at all times when you visit
• Signs of emotional abuse –
  • Dementia-like behavior, such as rocking or mumbling
  • Demeaning or threatening caregiver behavior
  • Changes in personality
• Signs of neglect –
  • Underweight
  • Dirty
  • Bed sores
  • Untreated wounds or injuries
  • Bugs
  • The smell of urine or feces
• Signs of sexual abuse –
  • Blood in underwear or around genitals or anus
  • Bruising near breasts or genitals
• Signs of financial exploitation –
  • Unusual purchases
  • Sudden changes to a will or power of attorney
  • Large withdrawals from elder’s bank account

If you notice any of these signs in an elderly individual and you believe they are being abused, don’t hesitate to report it so they can get the help they need as soon as possible.

What Do You Do If You Suspect Elder Abuse in New Jersey?

If you are being abused, or you suspect that an elderly person you know is being abused or neglected, it is important to seek help immediately. You can start by contacting the Adult Protective Services office nearest you. A social worker will typically investigate your report within 72 hours.

Reporting a case of abuse or neglect can be a touchy situation, especially if the abuser is a close friend or family member. The abuser will likely try to make excuses or cover up evidence. While the social worker will do everything they can to protect the welfare of the elderly individual, the situation may not be resolved smoothly or quickly. In this case, working an experienced attorney can help further protect the rights of your loved one.

What Can an Elder Abuse Attorney Do?

Since there are many types of elder abuse, each case will look a little different. You may be able to file a civil action to seek compensation for physical injuries, emotional trauma, and financial losses. In addition, you may also choose to press criminal charges against the abuser.

The experienced nursing home abuse attorneys at Davis, Saperstein & Salomon will review your case and help you decide on the best course of action to pursue compensation to cover the expenses of abuse and hold the abuser responsible for their actions.

Our lawyers understand that discovering a loved one has been abused is heartbreaking, and we are committed to using every resource available to protect their rights. We have helped thousands of individuals and families around New York and New Jersey receive compensation for their injuries and losses.

Our team of dedicated and compassionate lawyers will listen to the details of your case and then connect you with a skilled elder abuse attorney to meet your needs. Please contact us today or start an online chat to schedule a free consultation.

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Determining Fault in a New Jersey Car Accident

When a car accident results in injuries, it is crucial to determine what happened and who was at fault for the crash. Determining fault is a key factor in getting fair compensation if you were hurt in an accident someone else caused. Doing so, unfortunately, can be challenging, particularly when the facts of the crash are disputed.

With fair compensation for your injuries and property damage on the line, it is critical to hire an experienced personal injury attorney to represent you. The right lawyer and legal team on your side can perform an investigation, determine fault, and evaluate and seek a fair amount of compensation.

At Davis, Saperstein & Salomon, P.C, we understand that New Jersey car accident cases can be challenging, especially if the other party refused to accept responsibility. We have the skills and resources necessary to handle your case and seek the compensation you’re owed.

Contact us today to schedule your free consultation.

What to Do After a Car Accident When It’s Not Your Fault

In the aftermath of an accident, it’s normal to feel shocked, confused, and overwhelmed. There are some crucial steps, however, that can be immensely helpful for protecting yourself and proving that the other party was at fault.

Immediately following a car accident, it’s essential to do the following, if your condition allows:

• Take photos of the crash site, including pictures of your vehicle, the other party’s car, the road itself, and any other images that can help explain the situation and illustrate your lack of fault.
• Gather reports and contact information from any eyewitnesses. Even if it’s just a quick description of what they saw, that eyewitness report can make a massive difference in determining liability.
• Write down everything you remember about the incident, from the moments following up to the crash to the immediate aftermath.

These quick steps can make a real difference in determining who was at fault in your car accident.

How Is Fault Determined in a Car Accident?

While some at-fault drivers will immediately accept responsibility for a crash, assigning fault is not always that easy. Sometimes the facts of the crash will be disputed, or the other party simply might refuse to admit that they made an error or were otherwise responsible for the collision.

When this happens, you’ll need an experienced attorney to help you determine what really happened and prove that the other party was liable. Keep in mind, that insurance adjusters for the other side will also be investigating the accident, and will likely be looking for any evidence that might suggest that you were at least partly to blame.

Evidence that can help determine which driver was at fault for a crash will often include:

• Police report (though police don’t determine civil liability)
• Photos of the vehicles and the surrounding scene
• Medical records
• Eyewitness accounts
• Cell phone records
• Blood and urine tests of both parties, checking for alcohol or drug abuse
• Any available surveillance footage
• Electronic data recording (or “black box” information)
• Testimony from crash reconstruction experts

What to Do If You Are at Fault for an Accident

New Jersey follows a modified comparative fault negligence doctrine. This means that you cannot collect damages if you are found to be more than 50 percent at fault for the accident. If you are 50 percent at fault or less, you could still be entitled to compensation in proportion to your degree of fault.

Even if you think that you might be at least partly to blame for the crash, it’s important that you stay calm. Avoid taking any blame, apologizing, or discussing what you were doing prior to the accident. Keep all communication to a minimum until you can talk to your lawyer about the next steps to take.

Collect any evidence you can, including photos and contact information for any eyewitnesses. Then, call your insurance company, but be careful not to make any official statements on how the accident occurred. Finally, consult with an experienced car accident lawyer to understand your rights and legal options.

How Long After a Car Accident Can You Sue?

New Jersey has a two-year statute of limitations for personal injury claims. You have exactly two years from the date of the accident in which to file a claim. If you miss a deadline or don’t file paperwork before that date, you will lose the opportunity to ever recover damages from your accident. Only very narrow and rare exceptions could extend the deadline.

Retaining a New Jersey car accident lawyer is crucial in ensuring that you follow the correct timeline and don’t miss out on the compensation you deserve.

Should I Get a Lawyer for a Car Accident that Wasn’t My Fault?

While you are not required to get a lawyer after a car accident that wasn’t your fault, retaining an experienced car accident attorney can make a huge difference in the outcome of your case. A lawyer can help you to gather evidence, build a strong case, and seek a full and fair settlement.

An experienced lawyer can help you stand up to the insurance companies. After an accident, a representative from the insurance company will most likely approach you and offer you a one-time, lowball settlement. This amount will most often be much less than what you are actually entitled to receive. The insurance company wants to protect its revenue, and that means shelling out the least amount of money possible. It’s so important that you decline any offer the insurance company makes you until you speak to an attorney.

On average, people who retain a lawyer get three times more in compensation than those who attempt to handle their case alone. At Davis, Saperstein & Salomon, P.C, we want to help you pursue the most compensation you can to cover your medical expenses, car repairs, lost wages, and whatever else you might face after a car accident.

Contact Our Experienced Car Accident Attorneys for Help After a Crash in New Jersey

At Davis, Saperstein & Salomon, P.C, we’ve been delivering results since 1981. We have the trust of our community because we treat all of our clients like they are our most important client and work tirelessly on each and every case.

We have secured over $740 million in settlements for clients from New Jersey and New York and continue to win cases every single day. Not only that, but we offer a free and completely confidential initial appointment, at which we will familiarize ourselves with the details of your case and determine how best to move forward. Call us today or contact us online.

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Motorcycle Driver Injured on Route 208 in Paramus, New Jersey

Over the 4th of July holiday weekend, a retired Teaneck police officer was critically injured while operating his motorcycle on Route 208 in Paramus, New Jersey, after his motorcycle collided with a defective piece of roadway on a Route 208 overpass, causing him to be thrown from the bike. Fortunately for the rider, he was quickly transported to Hackensack Meridian Medical Center by the Glen Rock volunteer ambulance Corp.

Route 208 remained closed for over two hours between Maple and Lincoln Avenues in Glen Rock during the afternoon of July 3, 2022, while the NJ Department of Transportation made repairs. According to reports, the defect in the roadway was a defective expansion joint. The accident scene was under investigation by the County of Bergen and other local authorities. An official police report will follow. The accident scene was preserved by Boyd Loving, a freelance photographer who documented events after the collision.

The Primary Cause of Motorcycle Crashes Isn’t Usually The Rider

Motorcyclists, like other motorists, such as cars, trucks, and buses, expect to operate a vehicle on a safe roadway. People often, without good reason, blame the motorcyclist. Let’s be clear, driving and riding a motorcycle is not negligence, nor is it particularly more dangerous than riding a bicycle if the operator is conscious of their safety and the safety of others. Most of the time, motorcycle accidents are caused by the negligence of others, including one of the following factors:

• Distracted driving
• Drunk drivers
• Speeding
• Negligent Left-hand turn crashes by inattentive drivers
• Collisions with drivers suddenly opening their doors
• Unsafe or blind lane changes
• Cars and Trucks failing to yield the right of way to the motorcycle
• Blind spot lane changes
• Following a motorcycle too closely
• Loose manhole covers
• Oil slicks
• Construction and roadway hazards
• Negligent and unsafe road or highway construction

Who is Responsible For Roadway Maintenance?

The responsibility to maintain the roadway does not fall on a motorist but on the agency responsible for such road or highway. Those responsible could include the state of New Jersey, the county, or a municipality. If on the Garden State Parkway, or I95, it would be the New Jersey Turnpike Authority and the New Jersey Department of Transportation.

Roadway defects can be caused either by design or maintenance. The authority, municipality, or governmental agency responsible for the upkeep of the roadway is also responsible for inspections. Many drivers have been stuck in traffic jams on highways such as the New Jersey Turnpike only to see construction workers cutting holes in the pavement. The workers and engineers do this for our safety to inspect the integrity of a bridge or roadway. The same holds for inspecting expansion joints on highways that could create a potential hazard.

What To Do After a Motorcycle Wreck Caused By Poor Road Conditions?

A lengthy investigation will likely occur to determine this highway defect’s cause and origin. However, since the accident happened on a public roadway, the injured motorcyclist must give notice to all potential defendants on a special form called a Tort Claims Notice. This must be done within 90 days of the injury date; otherwise, the accident victim will likely lose their right to sue. The public entities to be served with separate tort claims notices within 90 days include the State of New Jersey, the County of Bergen, the Township of Glen Rock, the New Jersey Department of Transportation, and others. Even though these entities aren’t likely to be held accountable for negligence, their subcontractor or engineers may be found negligent. Either way, sound legal advice to the injured biker is to file those notices immediately.

Contact the Motorcycle Accident Lawyers at Davis, Saperstein & Salomon To Represent You

Blaming others for a motorcycle crash is common. The writers Garry Salomon and Adam Lederman are partners at Teaneck’s personal injury law firm Davis, Saperstein & Salomon, PC. and head the firm’s motorcycle collision team. Recent motorcycle cases handled by their team resulted in out-of-court mediated settlements of $4.5 and $5.75 million. One case involved a careless bus operator and the other a negligent ambulance driver where both drivers blamed the motorcycle operator. Despite their defenses, the motorcyclists won their cases.

Injured motorcyclists should not hesitate to reach out to one of the accomplished motorcycle attorneys at Davis, Saperstein & Salomon. The motorcycle accident attorneys certified by the Supreme Court of New Jersey as civil trial attorneys at Davis, Saperstein & Salomon, PC have the talent, resources, and experience necessary to achieve the best possible outcome and can even help a family find experienced motorcycle lawyers in any of the 50 states in the US.   Contact the firm’s motorcycle partners Garry Salomon or Adam Lederman for a free consultation at 1-800-LAW 2000.  

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Dunkin Donuts Served 3 Separate Injury Lawsuits in NJ

Businesses and property owners have a legal duty to keep customers on their premises safe. When they don’t maintain that duty and someone gets hurt, the victim may be entitled to pursue compensation for their injuries.

Several New Jersey residents have exercised that right recently, as the popular donut chain Dunkin’ Donuts is facing three separate lawsuits. The cases all claim Dunkin’s coffee caused burns or the store had hazards resulting in injuries.

Details of the 3 Separate NJ Dunkin’ Donuts Lawsuits

The lawsuits began with Evan Arlington and his wife Stephanie Arlington-Macisa, who filed their complaint on April 4, 2022. Arlington alleges he has second- and third-degree burns because the store was “negligent in the preparation, sale and service of the coffee … in that it was too hot.” The couple states they have incurred damages for Arlington’s medical care, loss of income, pain, and emotional distress.

On April 13, a second case was filed by another couple. Plaintiff Paul Haggerty also suffered serious burns after being “served excessively hot coffee in a negligent and dangerous fashion.” He claims the cup and lid were mismatched and didn’t have any warnings or instructions. Haggerty and his wife are seeking compensation for his medical and surgical expenses after his burn injury from the hot coffee.

Danielle Cilurso filed the third lawsuit on April 15, claiming she cannot perform her usual activities after falling in a Dunkin’ Donuts. She alleges several entities failed to “inspect the premises, maintain the premises,” and warn of possible hazards. Cilurso is pursuing financial recovery for the money she’s spent on her medical tests and treatment.

Other Historic Hot Beverage Burn Injury Lawsuits

Dunkin’ Donuts being sued in New Jersey is not the beginning of lawsuits for burn injuries caused by hot beverages. McDonald’s had a well-known lawsuit filed against them in 1994 by Stella Liebeck.

Liebeck was severely burned by a hot coffee at a McDonald’s, leaving her with expensive medical bills. Her lawyers showed evidence that the chain restaurant had received hundreds of reports of burns from their coffee. The jury awarded Liebeck $160,000 in compensatory damages and $480,000 in punitive damages.

What To Do if a Business’ Negligence Caused You Permanent Injury

The following steps can help protect your right to pursue compensation after getting hurt at a business:

• Collect evidence — Premises liability cases require quickly gathering evidence, as hazards are often removed or fixed before they can be investigated. After an accident at a business, take pictures and videos to document the hazard or missing safety measures. Get contact information from any eyewitnesses.
• See a doctor — You need to be evaluated by a medical professional as soon as possible after being injured. Not only will a doctor document your injuries, but you may not know how bad your injury really is yet.
• Identify any liable parties — The property owner and anyone responsible for the maintenance or safety of the business may owe you compensation. However, you will have to prove that the responsible parties owed you a duty of care and failed that duty, causing your injuries.
• Contact an attorney — A New Jersey premises liability lawyer can review your case and help you pursue financial recovery for your losses while you heal. They can secure evidence, handle communication with the insurance companies, file a personal injury claim, and demand the compensation you deserve.

Talk to a New Jersey Premises Liability Lawyer Today

For more information about how you can hold a business accountable for your injuries caused by their negligence, contact Davis, Saperstein & Salomon, P.C. You can call or message us online for a free consultation with one of our experienced premises liability attorneys.

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IKEA Lawsuits Over Furniture Tip-Over Accidents

The Swedish furniture giant IKEA is commonly associated with new parents and gleeful shrieks of children playing in Smaland, but the striking 2017 Newsweek headline “Why are these Ikea dressers killing children?” reveals the multi-national corporation’s dark underbelly.

Since 1989, IKEA dressers have killed eight children under the age of three, with seven of the eight deaths occurring after the release of the Malm dresser in 2002. In 2016, three children died of asphyxiation under the heavy weight of the dresser, leading the families of the three children to file a lawsuit and IKEA to recall 8 million Malm dressers. IKEA paid $50 million in their settlement with the three families. In 2017, a fourth family that had lost their two-year-old boy sued IKEA. The family argued that IKEA had poorly run the 2016 recall in their failure to notify them and other consumers. IKEA paid the family $46 million and, in 2017, re-announced the recall.

The Consumer Product Safety Commission (CPSC) has compiled data that demonstrates the dangerous reality of tip-overs. The CPSC reports that large pieces of furniture and unstable/unsecured TVs send a child to the emergency room every twenty-four minutes and kill a child approximately every two weeks. Moreover, the non-profit organization Kids In Danger found that between 2000 and 2018, 556 deaths were caused by furniture tip-over accidents, with 83% of those deaths occurring among children between 0-17 years old.

The solution to “one of the top hidden hazards of the home” is a combination of corporate accountability and family proactivity.

Recent Efforts to Improve Furniture Safety Standards

In 2018, the parents of children who had lost their lives to TV and furniture tip-over accidents formed a coalition under the name Parents Against Tip-Overs (PAT). Since its formation, PAT has focused on lobbying lawmakers to pass the STURDY Act, a law that “would require the CPSC to create a mandatory safety standard for all dressers and clothing storage units manufactured or sold in the U.S”. Such a standard would hold dressers and clothing storage unit manufacturers accountable for the safe functionality of their products. Currently, clothing storage manufacturers like cabinets and dressers only face a voluntary standard. On June 23, 2021, the STURDY bill passed the House of Representatives, but it awaits the Senate vote. PAT also advocates for safer designs of all types of furniture.

In 2015, the CPSC launched “Anchor It!”, “a national public education campaign to prevent TV and furniture tip-over accidents from killing and seriously injuring children”. The campaign included broadcasted PSAs, print PSAs, an informational website (anchorit.gov), and the distribution of cards and brochures to daycare and pre-school caregivers and parents. The cards and brochures recommended that daycare caregivers and parents adopt several safety measures, including installing low-cost anchoring devices and storing heavier items on the dresser’s lower shelves. Efforts to educate must continue to ensure that new parents are aware of this “hidden hazard”.

The taste of IKEA’s famous Swedish meatballs should not be soured by tip-over accidents that, with strong industry regulations and an informed public, are preventable.

It takes teams of talented personal injury lawyers, skilled in handling product liability cases, to win against U.S. and foreign manufacturers and their distributors. While the results of these lawsuits could not return life to a child, the size of the settlement certainly sends a clear message to these corporations to make their products safer to protect consumers.

How Our Experienced New Jersey & New York Product Liability Attorneys Can Help

The experienced product liability lawyers of New Jersey and New York’s Davis, Saperstein & Salomon, P.C. have a track record of holding manufacturers and distributors accountable for defective and dangerous products. In fact, Partner Marc C. Saperstein is known for his work in suing big tobacco, pharmaceutical companies, and automobile manufacturers and holding them responsible for poorly designed products and dangerous machines. Contact us today for a free consultation.

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